Milton Jones v. G D Lewis

Milton Jones v. G D Lewis

Petitioner:	Milton Jones
Respondent:	G D Lewis
Case Number:	2:2013cv04101
Filed:	June 7, 2013
Court:	US District Court for the Central District of California
Presiding Judge:	Paul L. Abrams
Presiding Judge:	S. James Otero
Nature of Suit:	Habeas Corpus (General)

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Date Filed	Document Text
June 24, 2013	Filing 6 (IN CHAMBERS) ORDER by Magistrate Judge Paul L. Abrams.On June 7, 2013, petitioner filed a Petition for Writ of Habeas Corpus By a Person in State Custody pursuant to 28 U.S.C. § 2254 (the "Petition"). In the Petition, petitioner ra ises four grounds for relief, all of which he indicates have been exhausted on direct appeal and in a habeas petition filed in the California Supreme Court. (See Petition at 5-6). At the same time, however, he states in the Petition that he only p resented the claims in Grounds One and Two to the state courts on direct appeal, and that he raised the claims in Grounds Three and Four only in a habeas petition filed in the Los Angeles County Superior Court. (Compare Petition at 2-4 with 5-6; s ee also California Court of Appeal decision attached to Petition). Petitioner does not provide any information in the Petition reflecting that he actually filed a habeas petition in the California Supreme Court, including the date he filed such pe tition, the claims raised therein, and the date it was denied. (See Petition at 4-5). It therefore appears that Grounds Three and Four are unexhausted. Accordingly, no later than July 15, 2013, petitioner is ordered to show cause why the Petition should not be dismissed as a "mixed" petition. Filing by petitioner, on or before July 15, 2013, of a notice of dismissal or declaration, using one of the five options detailed above, shall be deemed compliance with this Order to Show Cause. *See attached Order for details.* (es)

Date Filed

Document Text

June 24, 2013

Filing 6 (IN CHAMBERS) ORDER by Magistrate Judge Paul L. Abrams.On June 7, 2013, petitioner filed a Petition for Writ of Habeas Corpus By a Person in State Custody pursuant to 28 U.S.C. § 2254 (the "Petition"). In the Petition, petitioner ra ises four grounds for relief, all of which he indicates have been exhausted on direct appeal and in a habeas petition filed in the California Supreme Court. (See Petition at 5-6). At the same time, however, he states in the Petition that he only p resented the claims in Grounds One and Two to the state courts on direct appeal, and that he raised the claims in Grounds Three and Four only in a habeas petition filed in the Los Angeles County Superior Court. (Compare Petition at 2-4 with 5-6; s ee also California Court of Appeal decision attached to Petition). Petitioner does not provide any information in the Petition reflecting that he actually filed a habeas petition in the California Supreme Court, including the date he filed such pe tition, the claims raised therein, and the date it was denied. (See Petition at 4-5). It therefore appears that Grounds Three and Four are unexhausted. Accordingly, no later than July 15, 2013, petitioner is ordered to show cause why the Petition should not be dismissed as a "mixed" petition. Filing by petitioner, on or before July 15, 2013, of a notice of dismissal or declaration, using one of the five options detailed above, shall be deemed compliance with this Order to Show Cause. ***See attached Order for details.*** (es)

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Respondent: G D Lewis
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